3D4 - Litigation, Claims, and Assessments

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University of Illinois, Chicago *

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435

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Accounting

Date

Nov 24, 2024

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3

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3D4 – Litigation, Claims, and Assessments Pending or Threatened Litigation, Claims, and Assessments - Consider the following factors to determine accrual and/or disclosure: o The period in which the underlying cause occurred o Degree of probability of an unfavorable outcome o Ability to make a reasonable estimate of the amount of loss Accrual NOT Always Warranted - Do NOT accrue if the underlying cause is an event or condition occurring after the date of the F/S but before issued or available for issuance o E.g., suit for damages alleged to have occurred as a result of an accident after the F/S date o Disclosure MAY still be REQUIRED Assessing Probability of Incurrence of Litigation, Claim or Assessment Loss - Factors to consider: o Nature of litigation, claim, or assessment o Progress of the case, including after the F/S date but before issuance or available for issuance o Experience of the entity in similar cases o Experience of other entities in similar cases o Views of management, legal counsel, and other advisors Considering Limitations in Views of Others in Loss Assessment - Opinions/views of legal counsel or other advisors o The fact that legal counsel is unable to express an opinion that the outcome will be FAVORABLE to the entity SHOULD NOT necessarily mean that loss probability condition is met. - Any decision of management regarding intent to respond to the lawsuit, claim or assessment does NOT preclude accrual or disclosure – but can influence range of estimate of loss o E.g., decision to contest the case vigorously or a decision to seek an out-of-court settlement Auditing Litigation, Claims, and Assessments - INQUIRE of policies and procedures for identifying, evaluating, and accounting for litigation, claims and assessments - OBTAIN a description and evaluation of relevant conditions, including identification of matters referred to legal counsel - OBTAIN written assurance from management that all matters REQUIRED to be disclosed have been included - EXAMINE relevant documents, including correspondence - CONSIDER sending inquiry to internal and/or external legal counsel, and perform alternate procedures if NOT sent
Attorney’s or Legal Letter - Corroborates information furnished by management - Auditor is REQUIRED to seek direct communications with any external legal counsel if the risk of material misstatement indicates that material litigation and claims MAY exist o Sufficient appropriate evidence MAY be obtained without obtaining an external legal letter May NOT Provide Sufficient Detail About Likelihood and Magnitude - Auditor MAY REQUIRE further evidence to support conclusions - In-house counsel does NOT substitute for refusal to communicate NECESSARY information by external counsel - Scope limitation if management refuses allowing communication Legal Inquiry – Audit Objectives - Identify conditions or circumstances that warrant further analysis - Determine the period in which the underlying cause of legal action occurred o To determine whether an accrual or disclosure event - Evaluate management’s assertions related to the probability of an unfavorable outcome and the amount of range of potential loss Elements of Legal Letter - Nature of the litigation - Progress any cases to date - How the entity is responding, or intends to respond - Evaluation of the likelihood of an unfavorable outcome - Evaluation of any estimate of the amount or range of loss - Statement that the list of matters is complete - Confirm that management has been informed of any claims requiring disclosure Dating of Lawyer’s Response - It is preferable for the legal letter to be dated to cover a period that closely corresponds to the auditor’s report date o Usually within 10 business days of the audit report date - If letter does NOT specify an effective date, assume date of the response is the effective date - Consider getting updated response o May be oral, if properly documented o If significant events or occurrences, consider obtaining in writing Question #1 Auditors SHOULD request that an audit client send a letter of inquiry to those attorney who have been consulted concerning litigation, claims, or assessments. The primary reason for this request is to provide: a) Information concerning the progress of cases to date b) Corroborative evidence of management’s assertions c) An estimate of the dollar amount of the probable loss d) An expert opinion as to whether a loss is possible, probable, or remote
Question #2 The scope of an audit is NOT RESTRICTED when an attorney’s response to an auditor as a result of a client’s letter of audit inquiry limits the response to: a) Matters to which the attorney has given substantive attention in the form of legal representation b) An evaluation of the likelihood of an unfavorable outcome of the matters disclosed by the entity c) The attorney’s opinion of the entity’s historical experience in recent similar litigation d) The probable outcome of asserted claims and pending or threatened litigation Question #3 The primary reason an auditor requests letters of inquiry be sent to a client’s attorneys is to provide the auditor with: a) The probable outcome of asserted claims and pending or threatened litigation b) Corroboration of the information furnished by management about litigation, claims, and assessments c) The attorneys’ opinions of the client’s historical experiences in recent similar litigation d) A description and evaluation of litigation, claims, and assessments that existed at the balance sheet date Question #4 The refusal of a client’s attorney to provide information requested in an inquiry letter generally is considered: a) Grounds for an adverse opinion b) A limitation on the scope of the audit c) Required reason to withdraw from the engagement d) Equivalent to a significant deficiency Question #5 Which of the following procedures most likely would assist an auditor to identify litigation, claims, and assessments? a) Inspect checks included with the client’s cutoff bank statement b) Obtain a letter of representations from the client’s underwriter of securities c) Apply ratio analysis on the current-year’s liability accounts d) Read the file of correspondence from taxing authorities
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